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HomeMy WebLinkAboutRFP - 8422 SOUTHRIDGE GOLF COURSE RESTAURANT SNACK BAR CONCESSIONAIRERFP 8422 Southridge Golf Course Restaurant/Snack Bar Concession Page 1 of 30 REQUEST FOR PROPOSAL 8422 SOUTHRIDGE GOLF COURSE RESTAURANT/SNACK BAR CONCESSION The City of Fort Collins is requesting proposals for a contractual food and beverage concessionaire to manage and operate the restaurant/snack bar concession at Southridge Golf Course, 5750 S. Lemay Avenue, Fort Collins, CO 80525. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), November 22, 2016 and referenced as Proposal No. 8422. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Project Manager, Mike Calhoon at (970)416-2079 or mcalhoon@fcgov.com. Questions regarding bid submittal or process should be directed to Gerry Paul, Purchasing Director at (970) 221-6779 or gspaul@fcgov.com. All questions must be submitted in writing via email to Mike Calhoon, with a copy to Gerry Paul, no later than 5:00 PM our clock on November 14, 2016. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.bidnet.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 2 of 30 New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than one (1) page please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concession Page 3 of 30 8422 SOUTHRIDGE GOLF COURSE RESTAURANT/SNACK BAR CONCESSION 1.0 BACKGROUND INFORMATION The City of Fort Collins is the owner and operator of the Southridge Golf Course located at 5750 South Lemay Avenue, Fort Collins, CO 80525. Southridge Golf Course is an 18 hole, par 71 golf course situated on 128 acres in southeast Fort Collins. The golf course offers scenic views and challenging tee shots from multiple tee boxes. This is a one (1) year agreement with automatic annual renewals for up to four (4) additional one year terms. The City has established a clubhouse which includes a restaurant/snack bar area. There is also a Bunker House satellite snack bar facility on the course. The City’s Golf Division within the Parks Department administers Southridge Golf Course and desires to grant to a contractual food and beverage concessionaire the use of the Concession Space for the purpose of offering quality food, non-alcoholic beverages, licensed alcoholic beverages, and related services primarily to golfers using Southridge Golf Course and, incidentally, to the public. The primary purpose of this Concession Space is to provide quality food and beverage services to our customers, the golfers who use SouthRidge Golf Course. The Golf Concessionaire provides all employees and volunteers necessary to facilitate the full and efficient use and management of the concession operations as described; and the Concessionaire owns and sells the food and beverages, and related merchandise and services. The Concession Space and clubhouse is not necessarily intended to be a full-service type restaurant to the general public, even though additional services may be deemed appropriate for the annual operation of this concession. During the months of April, May, June, July, August, and September, our golfers are the primary customers and they will not be displaced by any non-golfer related activities or functions unless approved by the Golf Division Manager. During the "off-season" from October through March, the Concession Space and clubhouse may be used for general public use purposes, but golfers will always remain as the primary customers. The City currently does not plan to significantly enlarge or change the restaurant/snack bar area or Bunker House. 2.0 PROPOSAL REQUIREMENTS Proposals shall be submitted using the following attached and incorporated forms: 1. Qualification Statement Form, as per Exhibit “A” 2. Proposal Form, as per Exhibit “B” The City reserves the right to reject any proposal omitting any Proposal Requirement or submitting incomplete information pursuant to the required forms. Proposals shall be evaluated using the criteria annotated in Section 4.0 of this RFP. 3.0 SCOPE OF SERVICES The following terms and conditions are incorporated in the Sample Concession Agreement (Agreement), attached as Exhibit “C”. Additional terms and conditions that are applicable to the Scope of Services can be found on the attached Agreement. The awarded Concessionaire must execute the Agreement before concession service can begin. The City may include additional terms and conditions in the Agreement as deemed necessary. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 4 of 30 The Concessionaire is responsible for carefully reading all the terms and conditions contained within this RFP and attached sample Agreement, including Insurance and Liquor License Requirements. 3.1 Concession Fee The Concessionaire Fee will be based on a mutually agreeable percent of the Gross Sales with a guaranteed minimum annual payment to the City. The Gross Sales are all taxable sales as reported on the City of Fort Collins monthly sales tax return. 3.2 Insurance Requirements The awarded Concessionaire, before commencing services pursuant to the Agreement, will be required to submit a copy of a certificate evidencing the insurance coverage required by the City. The City shall be named as additional insured on the Concessionaire's general, automobile and liquor liability insurance policies for any claims arising out of work performed under the Agreement. The amount of insurance for each coverage shall not be less than $1,000,000 combined single limits for bodily injury and property damage. 3.3 Licenses, permits, and taxes The Concessionaire shall obtain and pay for all licenses, permits and taxes, required by law or necessary for the operation of the concession at the Southridge Golf Course including, but not limited to, a Liquor License, Liquor Occupation Tax, Sales/Use Tax License, etc. Any such licenses or permits held by the Concessionaire in connection with the applicable concession are to be surrendered by the Concessionaire at the time of termination of the Agreement and the Concessionaire expressly agrees to surrender all of such licenses or permits and not oppose any new license or permit applications by such person as the City may select. The Concessionaire shall collect and remit sales taxes on all taxable sales in the manner prescribed by law. 3.4 Liquor License (Tavern License or Hotel and Restaurant License) It will be the responsibility of the Concessionaire to secure and complete all documents that are required for the Liquor License applications and it will be the responsibility of the Concessionaire to achieve approval of the license through the Liquor Licensing Authority of the City. The Liquor License must be secured and in effect before the service start date. The licensed premises shall include the entire Southridge Golf Course buildings including the parking lots and adjacent grounds. Selected Concessionaire MUST have submitted complete application for Liquor License to the City Clerk's office within one (1) week after execution date of Agreement. All costs of securing and maintaining a Liquor License will be borne by the Concessionaire. Typical costs include the following: investigation fee, City annual license fee, State annual license fee, extended hours permit fee (City and State) and City Occupational License Tax. Liquor licensing questions should be directed to: Aimee Jensen, Deputy City Clerk, (970) 221- 6315. 4.0 EVALUATION CRITERIA Firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview session. The City of Fort Collins reserves the right to select a vendor for this project on the basis of written proposals only. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 5 of 30 The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Weighting Factor Qualification Standard 3.0 Scope of Proposal Does the proposal show an understanding of the special requirements of a concession operation in listed City Facilities? Are the products of suitable quality and pricing? 2.0 Qualifications Does the vendor have similar concession experience? 2.0 Concession Fee Amount proposed as a fee paid to the City. 2.0 Firm Capability Does the vendor have an experienced staff? Is the vendor financially stable? 5.0 REFERENCE EVALUATION (TOP RANKED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. Qualification Standard Overall Performance Would you hire this firm again? Timetable Did the vendor meet promised schedules? Completeness Has the company been responsive to client needs? Has the company anticipated problems? Were problems solved quickly and effectively? Cost Has original pricing been increased substantially? Job Knowledge Do firm and personnel have the necessary knowledge and skills? 6.0 PROPOSAL GUIDELINES The City assumes no liability for any costs firms may incur in responding to this RFP; including but not limited to attending meetings, acquisition of licenses and/or contract negotiations. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City. In evaluating the proposals, the City may seek information from a Proposer to clarify their proposal. In that event, Proposer must submit written and signed clarifications and such clarifications shall become part of the proposal. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 6 of 30 7.0 TENTATIVE SCHEDULE Questions Deadline November 14, 2016 Open RFP’s: November 22, 2016 Interviews: Week of December 5, 2016 Agreement Effective Date January 1, 2017 RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 7 of 30 EXHIBIT A QUALIFICATION STATEMENT FORM 1. Experience Provide concession operating experience for yourself and your staff. 2. Financial Provide information on your financial ability to operate this concession. 3. Products List the products you intend to serve along with proposed prices. 4. Other Information Have you ever held or do you currently hold any financial interest, direct or indirect, in any retail liquor establishment, distillery, importing or wholesale liquor license? YES___ NO___ If “YES”, explain in proposal. Attach copies of any written agreement or details of any oral agreement, by which any person (including a corporation) will share in the profit or gross proceeds of this concession, and any agreement relating to the concession which is contingent or conditional, in any way, upon volume, profit, sales, giving of advice or consultation. Do you plan to be an active participant in the management and operation of the concession? YES___NO ___ If “NO”, explain in proposal your intended management arrangement. 5. References List three (3) references for entities in which you have provided similar services within the last two (2) years. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 8 of 30 EXHIBIT B PROPOSAL FORM Name: ________________________________________________________________ Title: __________________________________________________________________ Business Name: _________________________________________________________ Address: _______________________________________________________________ ______________________________________________________________________ Phone: _________________________Email:__________________________________ Concession Fee Proposal: The Concessionaire shall pay, annually, as rental to the City for concession operations at the Southridge Golf Course ______________ percent (___ %) of the gross sales from the concession operation with a guaranteed minimum amount of $____________year. I hereby acknowledge that I will comply with all terms and conditions as stated and explained in RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concession and to the Terms and Conditions of the attached sample Agreement, including all Insurance and Liquor License Requirements. _______________________________________________________________________ Signature Date _______________________________________________________________________ Print Name RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 9 of 30 EXHIBIT C SOUTHRIDGE GOLF COURSE RESTAURANT/SNACK BAR CONCESSION AGREEMENT This Southridge Golf Course Restaurant/Snack Bar Concession Agreement (the "Agreement"), is made and entered into as of the day of , 20 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, whose principal offices are at 300 LaPorte Avenue, Fort Collins, Colorado 80521 (the "City"), and (the "Concessionaire"), regarding certain services to be provided at the Southridge Golf Course, 5750 S. Lemay Avenue, Fort Collins, Colorado, 80525 (the "Golf Course"). ARTICLE 1 Concession Space 1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession Space" means the following areas at the Southridge Golf Course, 5750 South Lemay Avenue, Fort Collins, Colorado, 80525: 1.1.1 The south half of the main floor in the Clubhouse building, restrooms and common hallway, plus the adjacent outdoor patio; and 1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession Space for the purpose of offering food, non-alcoholic beverages, licensed alcoholic beverages, and related services primarily to golfers using the Southridge Golf Course and, incidentally, to the public. ARTICLE 2 Concessionaire's Use of the Clubhouse and the Concession Space 2.1 In General. Subject to other limitations expressed in this Agreement, the City grants to Concessionaire the right to exclusive use of the Concession Space and the right to use in common with others the public areas of the Clubhouse building and the grounds of the Southridge Golf Course in conjunction with its food and beverage operations (and for no other purpose) in such spaces and manner as may be prescribed by the City. 2.2 Smoking. Smoking instruments and tobacco products of any kind will not be sold or otherwise supplied by Concessionaire at Southridge Golf Course. Smoking is not permitted in any areas of the clubhouse, on the adjacent patio or within 20 feet of entrances, or the Bunker House. Concessionaire shall comply with any other requirements of applicable Fort Collins City ordinances and Colorado state law regarding smoking and tobacco products. 2.3 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or non- beverage items as are incidental to its food and beverage service, except for smoking instruments and tobacco products, pursuant to section 2.2. 2.4 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all applicable state and federal laws and regulations and municipal ordinances, as well as all rules and regulations, policies, and procedures adopted by the City or any of its Boards, Service Areas, Service Units, Divisions or Departments having jurisdiction over Southridge Golf Course. ARTICLE 3 Rights of Ingress and Egress 3.1 In General. The Concessionaire shall have the right of ingress and egress to and from the Clubhouse and Concession Space for Concessionaire's employees, agents and RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 10 of 30 invitees to the extent reasonably necessary in connection with the conduct of Concessionaire's business under this Agreement. Areas designated as restricted areas by the City shall be excluded. 3.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or request the closing of any roadway or any other way at, in, or near the Clubhouse or Southridge Golf Course, presently or hereafter used as such, so long as a reasonable and safe means of ingress and egress remains available to Concessionaire. ARTICLE 4 Undertakings of Concessionaire 4.1 Service. Concessionaire agrees as follows: 4.1.1 The Concessionaire shall furnish and pay for all equipment, except as otherwise provided by the City pursuant to Article 9, all goods, labor, transportation, supervision and services necessary to provide food and beverage services in accordance with this Agreement. 4.1.2 Services provided by the Concessionaire shall include the maintenance of an adequate stock of food and beverage supplies, condiments, dishes, silverware, napkin dispensers, salt and pepper shakers, cups and glassware, and any kitchen utensils, janitorial supplies for the main floor or bar equipment if necessary to serve the demand for such items at the Southridge Golf Course, as well as paying for all cable and/or satellite television services in the Clubhouse except for the Pro Shop. 4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide the public high quality food and beverages and a high level of public service. Therefore, Concessionaire agrees to offer for sale from the Concession Space only good quality food and beverages at fair and competitive pricing, relative to comparable restaurant facilities in Fort Collins. If, in the reasonable opinion of the City; the pricing is not comparable, or the selection of items offered is inadequate or not of good quality, or if any of the items are found to be objectionable for display and/or sale in a public facility, then the pricing shall change or the items shall be removed or replaced as reasonably required by the City. The City Representative shall meet and confer with Concessionaire regarding such matters. Failure of Concessionaire to correct, rectify or modify its prices or quality within five (5) days of advised in writing to do so shall be cause for the City to declare Concessionaire in default. 4.1.4 Concessionaire shall submit annually to the City for review a list of all items to be sold in the Concession Space, and proposed prices for all such items. The Concessionaire shall submit to the City in writing all subsequent item and price changes. 4.2 Hours of Operation. Subject to the exception for inclement weather expressed in 4.2.2 below, the Concessionaire will be required to provide daily food and beverage services in the Concession Space during the months of April, May, June, July, August, and September; at a minimum, the services shall be available from no later than 6:30 a.m. to no earlier than beyond sundown during these months. 4.2.1 The parties agree that the hours of operation during the months of November, December, January, February, and March shall be from no later than 10:00 a.m. to no earlier than 5:00 p.m. daily, at a minimum. However, the Concessionaire RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 11 of 30 shall not be required to operate the concession when the Golf Course is closed due to bad weather or other reason as approved by the City. 4.2.2 Throughout the year, Concessionaire may, in its own discretion, close the concession during inclement weather, or provide less than a full-service operation pending customer demand during specified times, unless the closure or service level is objected to by the City. 4.3 Special Events Option. Concessionaire shall have the first option, upon request by the City or the Southridge Golf Professional, but shall not be obligated, to provide luncheons or other meals for special occasions, including but not limited to association meetings and tournaments. In the event such a request is made and Concessionaire elects not to provide such services, the City or the Southridge Golf Professional may provide food and non-alcoholic beverage services through other means. Such services shall not make use of the Concession Space, unless approved by Concessionaire. 4.4 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor of its agents and employees. Concessionaire agrees to supply and require its employees to wear suitable attire subject to City approval and to wear or carry badges or other suitable means of identification, the form of which shall be subject to prior and continuing approval of the City. Nothing in this Section 4.4, or any other provision of this Agreement as it concerns Concessionaire's obligation to control the dress, conduct and demeanor of its employees and agents is intended by the parties to benefit any third party, including without limitation, any member the public. The Concessionaire shall have such liability to third parties as may be ascribed to them by law (if any), and nothing in this Agreement shall be construed or interpreted to alter, modify or expand such liability. 4.4.1 The Concessionaire agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Concessionaire that will be working on behalf of Concessionaire in providing services to the City under this Agreement. The Concessionaire and the City acknowledge and agree that certain services provided by Concessionaire will require employees, volunteers, and other representatives or agents of Concessionaire act in positions of trust which will entail the handling of and accounting for funds of the City and City property, or direct contact with youth and other members of the general public. Accordingly, Concessionaire agrees to facilitate, prior to acceptance of employment, background screening of all employees, volunteers, and other representatives or agents of the Contractor at Contractor’s expense. 4.4.2 In the event that a background check, or any other information available to the Contractor or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competency or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to volunteer in connection with the services or activities required or permitted under this Agreement. 4.4.3 In the event the City has concerns regarding the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to volunteer in RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 12 of 30 connection with the services or activities required or permitted under this Agreement. 4.4.4 The following constitute unacceptable personal conduct that the parties acknowledge and agree shall be subject to reasonable objection by the City. The parties acknowledge that other conduct not listed in this Section may be determined by the City to be reasonably expected, and may also give rise to a reasonable objection by the City to which Concessionaire shall be expected to respond as set forth herein. In the event that Concessionaire, or any employee, agent, or volunteer of Concessionaire’s commits any of the following examples of unacceptable conduct, or fails or refuses to take reasonable action to correct such conduct the City may give Concessionaire notice of violation and proceed in the manner as set forth in Section 16. A. Commission or conviction of a felony, or of any crime involving moral turpitude; B. Theft or misuse of City money or property; C. Harassment of, or discrimination against, any individual based on race, religion, national origin, age, sex, sexual orientation or disability, and such harassment or discrimination is not addressed to the City's reasonable satisfaction in a timely manner; D. Falsification, unauthorized use or destruction of City records, reports or other data or information belonging to the City; E. Abusive or threatening treatment of any person, including, but not limited to physical or verbal confrontation; F. Using, consuming, possessing, having in the body or distributing alcohol (except in the normal performance of concession services) or controlled substances during working time; G. Destruction, loss or abuse of City property; H. Unauthorized use of City equipment or property for personal use; or I. Possessing or maintaining sexually explicit materials on City property. J. Failure to meet the City’s performance expectations. 4.5 Statements, Recordkeeping and Audits. Concessionaire shall keep books and records of the business, including an accounting of all revenue and expenses of the concession operation, in accordance with good accounting practice and in such form as is satisfactory to the City. The Concessionaire hereby grants to the City the right to audit Concessionaire's books and records for its operation at Southridge Golf Course and agrees to make available to the City, or its authorized representative, with 72 hours prior notice, Monday through Friday inclusive, between the hours of 9:00 a.m. and 5:00 p.m., at the offices of the City or Southridge Golf Course, at the City's election, all records, books and relevant related information as may be required for audit purposes. 4.6 Physical Interference. Concessionaire shall not do, nor permit to be done, anything which may interfere with the effectiveness or accessibility of the drainage system, sewage system, fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if any, installed or located in the Clubhouse or elsewhere at Southridge Golf Course. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 13 of 30 4.7 Taxes. Concessionaire agrees to pay all local, state and federal social security, unemployment insurance, sales, use, personal property, possessory interest, and other taxes, assessments and payments-in-lieu that, during the term of this Agreement or any extension hereof, may become a lien of which may be levied or charged by the State, County, City of Fort Collins or other tax-levying body upon or with respect to the Concession Space or Southridge Golf Course, upon any taxable interest acquired by the Concessionaire in this Agreement, or any taxable possessory right which Concessionaire may have in or to the Concession Space or facilities or the improvements thereon, by reason of Concessionaire's occupancy or use thereof, or otherwise, as well as all taxes on taxable property, real or personal, owned by Concessionaire or taxes on Concessionaire's operations or activities in or about the Concession Space, Clubhouse, or elsewhere at Southridge Golf Course. However, except as otherwise permitted by this Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely upon Concessionaire for exercising any right or privilege granted by the City to Concessionaire in this Agreement with respect to the use of the Concession Space and Clubhouse. Nothing herein shall prevent Concessionaire from protesting, through due process, any taxes levied. 4.8 Licenses. Concessionaire agrees to obtain, maintain, and pay for all licenses necessary in connection with its operation, including but not limited to, a County Health Department Food Services Establishment inspection, a Hotel-Restaurant with Optional Premises Liquor License, and a City business license and/or occupation license. The parties agree that Concessionaire's failure to obtain a liquor license or other required license within ninety (90) days of execution of this Agreement will result in the immediate termination of this Agreement. Concessionaire must maintain any license necessary for its operations pursuant to this Agreement and any failure to do so will constitute a default of this Agreement. 4.8.1 Any such licenses held by the Concessionaire in connection with this Agreement shall be surrendered by the Concessionaire upon termination of this Agreement. 4.8.2 Upon Concessionaire's surrender of all licenses and acquisition of new licenses by such replacement concessionaire as the City may select, the City shall reimburse Concessionaire for such proportional amount of the cost of the license as may be attributable to any remaining period which may exist from the date of Concessionaire's surrender to license expiration. 4.8.3 For the purpose of the Hotel-Restaurant with Optional Premises Liquor License, the "premises" shall be defined to include the Southridge Clubhouse and Patio, the Bunker House and the entire grounds of Southridge Golf Course. 4.9 Vending Machines/Beverage Carts. This Agreement does not contemplate Concessionaire's use of vending machines to supply food, beverages or incidental items during the April through September golf season. Any installation or use of vending machines is subject to the prior written consent of the City Representative. 4.9.1 Concessionaire shall be required to provide and operate a minimum of two (2) beverage/food carts in order to provide food and beverage services on the grounds of the golf course from April through September when a sufficient number of customers, as determined by the City, are golfing. City-owned or leased golf cart or maintenance vehicles shall not be used for this purpose unless approved by the City. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 14 of 30 4.10 Marketing. Concessionaire shall coordinate with and be responsive to the City’s Marketing staff regarding marketing efforts associated with the Southridge Golf Course. All marketing efforts are required to compliment the branding package for the Golf Division. ARTICLE 5 Employing Illegal Aliens 5.1 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Concessionaire represents and agrees that: 5.1.1 As of the date of this Agreement: 1. Concessionaire does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Concessionaire will participate in either the e-Verify Program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the ''Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. 5.1.2 Concessionaire shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. 5.1.3 Concessionaire is prohibited from using thee-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 5.1.4 If Concessionaire obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Concessionaire shall: 1. Notify such subcontractor and the City within three days that Concessionaire has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Concessionaire shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 5.1.5 Concessionaire shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 5.1.6 If Concessionaire violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Concessionaire shall be liable for RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 15 of 30 actual and consequential damages to the City arising out of Concessionaire's violation of Subsection 8-17.5-102, C.R.S. 5.1.7 The City will notify the Office of the Secretary of State if Concessionaire violates this provision of this Agreement and the City terminates the Agreement for such breach. ARTICLE 6 Term 6.1 Period. The term of this Agreement shall commence January 1, 2017 and, unless terminated sooner, shall expire on December 31, 2017. 6.2 Renewal -- 2018. This Agreement shall be automatically renewed for a period from January 1, 2018, until December 31, 2018, unless the Concessionaire is in default beyond any applicable cure period or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2018. 6.3 Renewal -- 2019. This Agreement shall be automatically renewed for a period from January 1, 2019, until December 31, 2019, unless the Concessionaire is in default beyond any applicable cure period or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2019. 6.4 Renewal -- 2020. This Agreement shall be automatically renewed for a period from January 1, 2020, until December 31, 2020, unless the Concessionaire is in default beyond any applicable cure period or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2020. 6.5 Renewal-- 2021. This Agreement shall be automatically renewed for a period from January 1, 2021, until December 31, 2021, unless the Concessionaire is in default beyond any applicable cure period or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2021. 6.6 Holding Over. In the event that the Concessionaire, or its successor in interest, if any, shall remain beyond the term set forth herein, although no right to remain is given by this Article, it is the intention of the parties and it is hereby agreed that a right of use from month-to-month shall then arise subject to all provisions and conditions of this Agreement in connection with such right, except that the City shall have the right, acting reasonably, to determine reasonable fees for any holdover period; provided, however, such fees shall not increase by more than ten percent (10%). ARTICLE 7 Fee For Conducting Business 7.1 Concession Fee. For the privilege of conducting the concession operations hereunder, and the exclusive use of the Concession Space, the Concessionaire shall pay to the City % of Gross Sales with a guaranteed minimum of $ annually, where Gross Sales are all taxable sales as reported on the City of Fort Collins monthly sales tax return, as the Concession Fee. The % Concession Fee shall become effective January 1, 2017. 7.2 Time of Payment. The Concessionaire shall pay the Concession Fee the first Monday of each month based on the proceeding month’s Gross Sales. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 16 of 30 7.3 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due amounts at the rate of eighteen percent (18%) per annum from the due date, until paid. 7.4 Method of Payment. Payment for all fees under Article 7 shall be by check or money order payable to the order of "City of Fort Collins-- Golf" and shall be mailed or personally delivered to the Accounting Department at 215 N Mason St, P.O. Box 580, Fort Collins, Colorado, 80522. ARTICLE 8 Utilities, Maintenance and Janitorial Duties 8.1 Utilities. The City will pay all charges for water, storm water, sewer, trash collection, recycling, basic clubhouse security system, basic bunker house security system, and electrical services to the Concession Space. The Concessionaire shall be responsible for 50% of the cost of natural gas from April thru September. The Concessionaire shall be responsible for 15% of the clubhouse electric for April – September, the Cart Barn being excluded from these charges. The City will provide the fuel for the Concessionaires beverage cart. 8.2 Maintenance and Repair. The City shall maintain and repair the Clubhouse building, Concession Space and City equipment and fixtures defined in Article 9 and listed in Exhibit B. The equipment currently in the kitchen area which is owned by the City as set forth on Exhibit B may be used until such time as the equipment is no longer in useable condition, at which time replacement of equipment will be at the Concessionaires expense and is then owned by the Concessionaire. The City owned hood and grease trap shall remain the property of the City. The Concessionaire shall clean the hood system and grease trap at least four times per year. The Concessonaire will coordinate the schedule with the City. Notwithstanding anything to the contrary contained herein, the City shall not in any way be liable to the Concessionaire for failure to make repairs as herein specifically required of it unless the Concessionaire has previously notified the City in writing of a need for such repairs, and the City has failed to commence and complete said repairs within a reasonable period of time following receipt of the Concessionaire's written notification. 8.2.1 The Concessionaire shall neither hold nor attempt to hold the City liable for any injury or damage, either approximate or remote, occasioned through or caused by defective electrical wiring or the breaking or stoppage of plumbing or sewage upon the Concession Space/Area, whether said breakage or stoppage results from freezing or otherwise. 8.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions, and statutes and health, sanitary and police regulations of the City of Fort Collins, County of Larimer and State of Colorado. 8.3.1 Concessionaire shall thoroughly clean the entire Concession Space, including all equipment and fixtures, whether provided by the City or Concessionaire, the grills and exhaust, ovens, floors, sinks counters, refrigerators, grease trap and all coils, at least four times per year at minimum on the following schedule: once prior to, once during, and once after the close of the April through September golf season, and one additional time during the October to March off-season. The Contractor shall schedule inspections with the City representative after each scheduled cleaning and provide all receipts associated with such cleaning work. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 17 of 30 8.3.2 Concessionaire is responsible for the ongoing cleanliness of the Concession Space in order to provide a clean and orderly appearance for golfers and the public, including but not limited to, busing and cleaning tables, chairs, patio deck, floor areas and common areas/hallways, removing trash accumulations to designated trash containers, and cleaning and stocking designated restrooms located in the clubhouse second floor, and the patio deck. 8.3.3 Concessionaire shall deep clean the carpeting at least two (2) times per year and more frequently as required. 8.3.4 Concessionaire is responsible for snow removal on the walks leading to the restaurant. The City will plow the parking lot when two or more inches of snow accumulate. 8.3.5 Concessionaire is responsible for cleaning of trash enclosure and any walkway used to deliver trash/recyclables. This will include power washing the area a minimum of four times during the golf season (April-October). ARTICLE 9 Acceptance and Trade Fixtures 9.1 Concession Space, City Equipment and Fixtures. In addition to the Concession Space, the City shall provide the following: 9.1.1 Lighting fixtures for general area illumination; and 9.1.2 Heat and air conditioning. 9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as is." 9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit "C", attached hereto and made a part hereof, no equipment, trade fixtures, signs or other personal property used by Concessionaire in its business, whether or not attached to the Clubhouse or any improvements thereon, shall be installed without the prior written approval of the City. 9.4 Removal of Equipment, Trade Fixtures. Concessionaire shall have the right at any time during the term of this Agreement or upon termination and within ten (10) days thereafter, to remove all trade fixtures, equipment and other personal property subject to any valid lien the City may have thereon for unpaid Concession Fee or installation of equipment in lieu of Concession Fee pursuant to Article 7. Any property not so removed by Concessionaire upon termination shall become a part of the realty on which it is located and title thereto shall vest in the City. 9.5 Title to Improvements. Upon installation or erection of Improvements, such improvements (but excluding any of Concessionaire's personal property and trade fixtures which are attached or affixed thereto) shall become a part of the realty upon which they are erected and title thereto shall vest in the City. Upon vesting, the Improvements become part of the Concession Space and are subject to the terms applicable to the Concession Space within this Agreement. 9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal property installed by Concessionaire shall be subject to and conform in all respects to the applicable statutes, ordinances, building codes, rules and regulations of all governmental agencies which have jurisdiction over such matters. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 18 of 30 ARTICLE 10 Damage by Concessionaire The Concessionaire shall be liable for and shall repair, replace or cause to be repaired or replaced within fifteen (15) days after occurrence, any damage to the Clubhouse, including the Concession Space, or to City's property, equipment and fixtures (defined in Article 9) caused by Concessionaire, its officers, agents, employees or anyone acting under its direction and control, ordinary wear and tear excepted. All repairs or replacements shall be made promptly and when necessary and shall be in a quality and of a class at least equal to the original. If the damage for which Concessionaire is liable is to the Concession Space, Concessionaire shall continue to be liable for all rent/fees owed for the Concession Space. Concessionaire shall also return the Concession Space to the City in as good of a condition as when possession of it was delivered to Concessionaire, reasonable wear and tear excepted. Any reasonable costs the City incurs in disposing of Concessionaire’s personal property and fixtures, and in repairing any damages to the Concession Space in excess of reasonable wear and tear, shall be paid by Concessionaire to the Client within fifteen (15) days of it receiving the City’s written statement of such costs. ARTICLE 11 Total or Partial Destruction 11.1 Concession Space or Other Major Component Rendered Untenantable. In case, during the term of this Agreement, the Concession Space, Clubhouse, Golf Course or any principal part of any one of them shall be destroyed or shall be so damaged by fire, flood or other casualty so as to be rendered untenantable or unusable as determined by the City: 11.1.1 Then, in such event, at the option of the City or Concessionaire, the term hereby created shall cease; and this Agreement shall become null and void from the date of such damage or destruction; and Concessionaire shall immediately surrender the Concession Space and its interest therein to the City; provided, however, that the City or Concessionaire shall exercise such option to so terminate this Agreement by notice, in writing, delivered to the other party within thirty (30) days after the City's determination of untenantability or unusability. 11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this Agreement, this Agreement shall continue in full force and effect; and the City shall repair the Concession Space, Clubhouse, or Golf Course excluding Improvements or equipment, signs, trade fixtures or other personal property installed by Concessionaire, with all reasonable speed, placing the same in as good a condition as it was at the time of the damage or destruction. 11.2 Concession Space Only Untenantable. In the event of destruction rendering only the Concession Space untenantable, the City shall endeavor, but not be obligated to make substitute premises available for Concessionaire's use. During any period of use by Concessionaire of such substitute Concession Space, the City may direct that the Concessionaire's Fee shall be abated proportionately. 11.3 Components Tenantable. If the Clubhouse, Concession Space or Golf Course shall be only injured by fire or the elements to such extent so as not to render the same untenantable and unfit for use and occupancy, the City shall repair the same with all reasonable speed. 11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction, Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment and other items of its personal property within five (5) days after request being made by the City. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 19 of 30 11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused by Concessionaire as more specifically addressed in Article 10 of this Agreement, the provisions of Article 10 shall govern in any conflict between Article 10 and Article 11. 11.6 No Claim by Concessionaire. No compensation or claim shall be made by or allowed to Concessionaire by reason of any inconvenience or annoyance arising from the necessity of repairing any portion of the Clubhouse or Southridge Golf Course, however the necessity may occur. ARTICLE 12 Indemnification and Insurance 12.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever or whatsoever as a result of any operations, works, acts or omissions performed within Southridge Golf Course and Clubhouse by Concessionaire, its agents, employees or contractors unless caused by the negligence or willful misconduct of the City, its employees, agents or contractors. 12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City harmless from all claims, demands, judgments, costs and expenses, and legal fees including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any person by reason of injury to or death of any individual person or persons, or by reason of damage to, destruction or loss of use of any property, including City's personnel and City's property, directly or indirectly arising out of, resulting from or occurring in connection with any operations, works, acts or omissions of Concessionaire. As used herein, the term "Concessionaire" includes the respective directors, officers, agents, employees, contractors and subcontractors of Concessionaire. In the event a subcontractor performs any work under this Agreement, the Concessionaire shall be responsible for any liability directly or indirectly arising out of the work performed by such subcontractor. 12.3 Intellectual Property Representation. Concessionaire represents that it is the owner of or is fully authorized to use any and all services, processes, machines, articles, makes, names or slogans used by it in its operation or in any way connected with this Agreement. 12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations hereunder, the Concessionaire shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement as specified in Exhibit "D", which is attached hereto and incorporated herein by this reference. 12.5 Precautions Against Injury. The Concessionaire shall take reasonable precautions in performing the operations hereunder to prevent injury to persons and property. 12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain, nor the taking out and/or maintenance of any required insurance shall relieve Concessionaire from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations of Concessionaire concerning indemnification. In the event the Concessionaire fails to maintain insurance required hereunder, the City may, at its option, take out and maintain at the expense of the Concessionaire such insurance as the City may deem proper. The City may offset the cost of any such insurance from any monies that may be due or become due to the Concessionaire under this Agreement. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 20 of 30 ARTICLE 13 No Interest in Real Property Concessionaire agrees that this Agreement constitutes merely a right to use and occupy the Concession Space for a limited purpose and does not create or convey to Concessionaire any interest in real property. ARTICLE 14 Assignment The Concessionaire shall not assign this Agreement, sublet or otherwise allow any person to take possession of all or any portion of the Concession Space without prior written consent of the City. Any transfer of Concessionaire's interest by operation of law, merger, consolidation, or other method is void and ineffective unless Concessionaire obtains written consent of the City. ARTICLE 15 Right of City to Enter, Inspect and Make Repairs 15.1 In General. City and its authorized employees, agents, contractors and other representatives shall have the right (at such times as may be reasonable under the circumstances and with as little interruption to Concessionaire's operation as is reasonably practicable) to enter upon any part of the Concession Space for the following purposes: 15.1.1 To inspect such premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Concessionaire has complied with and is complying with the terms and conditions of this Agreement with respect to the premises; 15.1.2 To perform or cause to be performed maintenance and make repairs and replacements: and 15.1.3 To make structural additions and alterations. 15.2 Obstruction by City. All entries made for the purposes enumerated above shall, except as otherwise provided in Article 11, Total or Partial Destruction, be without abatement of rent for damage for inconvenience. However, in the event any entry by City in the Concession Space for the purpose of making repairs or alterations as provided for in Section 15.1.2 above (other than repairs necessitated as a result of damage by Concessionaire under Article 10) constitutes a substantial obstruction to and impairment of Concessionaire's right of use of such Concession Space, then Concessionaire shall be entitled to a fair and just abatement of the rent/fees for such premises during the period required by City to make such repairs. 15.3 Obstruction by Concessionaire. In the event that any personal property of Concessionaire shall obstruct the access of the City, its officers, employees, agents or contractors, or a utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Concessionaire shall move such property, as directed by the City or utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Concessionaire shall fail to so move such property after direction from the City or said utility company to do so, the City or the utility company may move it without liability for damage sustained in moving. 15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article, by the City, or others under right of the City, shall not be, nor be construed to be, an eviction of Concessionaire, nor be made the grounds for any abatement of rental nor any claim or demand for damages against the City, consequential or otherwise, except claims for damages to person or property caused solely by the negligence of the City. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 21 of 30 ARTICLE 16 Default, Rights of Termination 16.1 Default by Concessionaire. Time of payment and performance is of the essence of this Agreement. Concessionaire shall be in default under this Agreement upon the occurrence of any one or more of the following events: 16.1.1 Concessionaire’s failure to pay any fee or other charge when due and within five (5) workings days after notice from City of such nonpayment. 16.1.2 Concessionaire’s failure to provide service, maintain hours of operation, prices, quality of food and beverages; or control the conduct and demeanor of its agents and employees as required in Section 4. 16.1.3 Concessionaire’s failure to maintain the insurance required in Section 12.4. 16.1.4 Concessionaire’s assignment of any right hereunder in violation of Article 14. 16.1.5 Concessionaire’s failure to perform, keep or observe any of the terms, covenants or conditions of this Agreement within seven (7) days (or such longer time as may be necessary to cure, provided that cure is commenced within the initial seven (7) days) after notice from the City specifying the nature of the deficiency with reasonable particularity and the corrective action that is to be taken within such period to cure the deficiency. 16.1.6 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or substantially all of Concessionaire's assets pursuant to proceedings brought under the provisions of any federal reorganization act or the appointment of a receiver of all or substantially all of Concessionaire's assets and the failure of Concessionaire to secure the return of such assets and/or the dismissal of such proceeding within ninety (90) days after the filing. 16.1.7 The abandonment for a period of seven (7) days by Concessionaire of the conduct of its services and operations during the season from the beginning of April through the end of September, or for a period of fourteen (14) days during the October through March off-season, without the City's consent 16.1.8 The assignment by Concessionaire of any or all of its assets for the benefit of creditors. 16.1.9 The death of the Concessionaire or dissolving of the Corporation. 16.2 City's Remedies on Default. 16.2.1 In the event of a default by Concessionaire as set forth in Section 16.1, the City may terminate this Agreement effective immediately upon providing written notice of the termination to Concessionaire. In the alternative, the City may elect to keep the Agreement in force and work with Concessionaire to cure the default. If this Agreement is terminated, the City shall have the right to take possession of the Concession Space at the time of default. Concessionaire's liability to City for damages and rent shall survive the termination, and the City may re-enter, take possession of the Concession Space and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 16.2.2 Following re-entry or abandonment, City may make arrangements for use of the Concession Space by others and in that circumstance may make any suitable RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 22 of 30 alterations or refurbish the Concession Space, but City shall not be required to make such arrangement for any use or purpose. 16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and remedies reserved pursuant to this Article are in addition to any other rights or remedies the City may have pursuant to this Agreement or to applicable law to seek judicial enforcement, damages or any other lawful remedy. ARTICLE 17 Miscellaneous Provisions 17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy available to the City, or Concessionaire, at law or in equity, and the exercise of any remedy, or the existence herein of other remedies or indemnities shall not prevent the exercise of any other remedy. 17.2 Non-Waiver. The failure by either party to exercise any right or rights accruing to it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not operate as a waiver of the exercise of such right or rights in the event of any subsequent neither breach by such other party, nor shall such other party be relieved thereby from its obligations under the terms hereof. 17.3 Non-liability of Individuals Other than Concessionaire. With the exception of Concessionaire, no director, officer, agent or employee of either party shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or of any supplement, modification or amendment to this Agreement because of any breach thereof, or because of its or their execution or attempted execution of the same. 17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the Concession Space, or any part thereof, for any purpose or use other than those authorized by this Agreement. Concessionaire shall not permit nor suffer any disorderly noise or nuisance whatsoever about the Concession Space, Clubhouse or Southridge Golf Course. 17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer County, Colorado, and shall be construed in accordance with the laws of the State of Colorado. 17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and Concessionaire, their successors and assigns, and is not made for the benefit of any third party. 17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 17.8 Successors and Assigns. All covenants, stipulations and agreements in this Agreement shall extend to and bind each party hereto, its legal representatives, successors and assigns. 17.9 Headings. The titles of the several articles of this Agreement are inserted for convenience only, and are not intended and shall not be construed to affect in any manner the terms and provisions hereof, or the interpretation or construction thereof. 17.10 Legal Fees. In the event any legal action or proceeding is brought to collect sums due or to become due hereunder or any portion thereof or to enforce compliance with this Agreement for failure to observe any of the covenants of this Agreement, the losing party RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 23 of 30 agrees to pay to the prevailing party the sums a Court may judge reasonable for legal fees, including attorneys' fees and costs, in such action or proceeding and in any appeal. 17.11 Entire Agreement. This Agreement, which is the entire agreement between the parties hereto, supersedes all prior agreements, understandings, warranties or promises between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto, except as expressly incorporated herein. 17.12 Severability. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either the City or the Concessionaire in his or its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier termination as herein provided, Concessionaire shall remove all of its property from Southridge Golf Course and surrender entire possession of its rights at Southridge Golf Course to City and its improvements in accordance with Section 10 above, unless this Agreement is renewed or replaced. 17.14 City Representative. The City designates the Director of Parks as its representative who shall make, within the scope of his/her authority, all necessary and proper decisions with reference to this Agreement. All requests for contract interpretations, amendments and other clarifications or instructions shall be directed to the City Representative. 17.15 Notices. Notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such other address as the parties may designate from time to time by notice given in accordance with this Section: Concessionaire City: Copy to: Attn: City of Fort Collins Attn: Director of Parks PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept PO Box 580 Fort Collins, CO 80522 17.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or Exhibit shall be deemed attached to and by this reference incorporated in this Agreement. 17.17 Force Majeure. Neither the City nor the Concessionaire shall be deemed in violation of this Agreement if prevented from performing any of its obligations hereunder by reason of strikes, boycotts, labor disputes, and embargoes, shortage of energy or materials, acts of God, act of public enemy, acts of superior governmental authority, weather conditions, rights, rebellion, sabotage or any other circumstances that are not within its control. 17.18 No Limitation on General Powers. Nothing in this Agreement shall be construed as in any way limiting the general powers of the City to fully exercise their governmental functions or their obligations under any bond covenants or federal, state or local laws, rules or regulations. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 24 of 30 17.19 No Relationship. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of employer and employee, principal and agent or a partnership or a joint venture between the parties hereto. 17.20 Survival. To the extent necessary to carry out all of the terms and provisions hereof, the said terms, obligations and rights set forth herein required shall survive and shall not be affected by the expiration or termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By:_______________________________ Gerry Paul Purchasing Director Date:______________________________ ATTEST: ________________________ APPROVED AS TO FORM: ________________________ CONCESSIONAIRE'S NAME By: Printed: Date: RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 25 of 30 EXHIBIT A CONCESSION SPACE RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 26 of 30 EXHIBIT B CITY OF FORT COLLINS PROVIDED EQUIPMENT Basement Folding chairs Wood shelves in office Bunker House 3 sink Cabinets and shelves Security system Mop sink Trash cans 2 space heaters Dining Room and Bar Bottle cooler Pint glass chiller Glass shelving Hank sink Blinds and curtains All trash cans Benches and tables on patio French doors Cabinets and shelves Fans Ice well Walk-in cooler and compressor Old 3 sink Kitchen Dishwasher Dish sink and spray nozzle Reach-in cooler All hand sinks Paper towel and soap dispensers All trash cans Chemicals 3 sink Ice machine and bin Mops, brooms, mop bucket Sandwich/make table/cooler Imperial oven Imperial deep fryer Reach-in freezer Stainless steel prep line with sink RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 27 of 30 EXHIBIT C CONCESSIONAIRE PROVIDED EQUIPMENT RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 28 of 30 EXHIBIT D INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 29 of 30 EXHIBIT E DISCRIMINATION PROHIBITED (A) Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478 and 12086. Contractor shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: (1) Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Agreement; (2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different manner, from those provided to others under this Agreement; (3) Subject an individual to segregated or separate treatment in any facility in, or in any matter if process related to receipt of any service or benefit under this Agreement; (4) Restrict an individual in any way in access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with any service or benefit under this Agreement; (5) Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or benefit under this Agreement; (6) Deny anyone an opportunity to participate in any program or activity as an employee that is different from that afforded others under this Agreement. Contractor shall: (1) Utilize the City’s third-party translation service provider as required to provide meaningful language access to persons with limited English proficiency; and (2) Post written notices of non-discrimination in its facilities and make available to its clients a Title VI complaint form, in a form reasonably acceptable to the City. (B) Contractor shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 24 CFR part 146) prohibiting discrimination on the basis of age, either through purpose or intent. RFP 8422 Southridge Golf Course Restaurant/Snack Bar Concessionaire Page 30 of 30 EXHIBIT F AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103 I, __________________, swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): ___ I am a United States citizen, or ___ I am a Permanent Resident of the United States, or ___ I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. ___________________________ _______________ Signature Date INTERNAL USE ONLY Valid forms of identification ---current Colorado driver’s license, minor driver’s license, probationary driver’s license, commercial driver’s license, restricted driver’s license, instruction permit ---current Colorado identification card ---U.S. military card or dependent identification card ---U.S. coast guard merchant mariner card ---Native American tribal document The following forms of identification may be accepted through February 28, 2007* ---original birth certificate from any state of the United States ---certificate verifying naturalized status by U.S. with photo and raised seal ---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport ---order of adoption by a U.S. court with seal of certification ---valid driver’s license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL, MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI ---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current I-551 stamp or visa, current foreign passport with I-94, I-94 with asylum status, unexpired Resident Alien card, Permanent Resident card or Employment Authorization card *A waiver may be available where no identification exists or can be obtained due to a medical condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver’s license. Contact your department director.